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Did Khula Take Place?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Wife requested khula and handed husband the mahr. Husband took mahr and stated he don’t give khula. Couple is not staying together and husband sold mahr. They not together now for 5 months. Did khula take place?

Bismillaah

A: If the understanding was that she must return the mahr for her separation then the khula has taken place.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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